A.
This article establishes additional specific requirements for certain
specific uses, in addition to the sign, parking, environmental and
other general requirements of this chapter and the requirements of
each district. Wherever two requirements conflict, the stricter requirement
shall apply.
Each of the following uses shall meet all of the following requirements
for that use:
A.
Adult use. (This is limited to the following: adult store, adult
movie theater, massage parlor, or adult live entertainment facility.)
(1)
Purposes. The regulations on adult uses are intended to serve the
following purposes, in addition to the overall objectives of this
chapter:
(a)
To recognize the adverse secondary impacts of adult uses that
affect health, safety and general welfare concerns of the Borough.
These secondary impacts have been documented in research conducted
across the nation. These secondary impacts typically include, but
are not limited to, increases in criminal activity, increases in activities
that increase the risk of transmission of sexually transmitted diseases,
increases in activities that increase the risk of transmission of
other communicable diseases, increases in blight, decreases in the
stability of residential neighborhoods, and decreases in property
values for surrounding homes, and decreases in the marketability of
nearby commercial business space. The research conducted across the
nation concludes that adult uses typically involve insufficient self-regulation
to control these secondary effects.
(b)
To limit adult uses to locations where these secondary impacts
can be minimized, particularly as they affect residential neighborhoods
and commercial revitalization.
(c)
To not attempt to suppress any activities protected by the free
speech protections of the State and United States Constitutions, but
instead to control secondary effects.
(2)
An adult use and its parking area shall not be located within any
of the following distances, whichever is most restrictive:
(a)
Two hundred lineal feet from the lot line of an existing dwelling.
(b)
Four hundred lineal feet from the lot line of any lot in a residential
zoning district.
(c)
One thousand lineal feet from the lot line of any primary or
secondary school, place of worship, library, public park or playground,
recreation trail, day-care center or nursery school.
(3)
No adult use shall be located within 1,000 lineal feet of any existing
adult use.
(4)
A fifty-foot buffer yard shall be provided, regardless of zoning
district, along the side and rear lot lines. If such buffer area does
not include substantial mature trees that will be preserved, it shall
include continuous screening by evergreen trees with an initial height
of five feet.
(5)
No pornographic material, displays or words shall be placed in view
of persons who are not inside of the establishment. Definite precautions
shall be made to prohibit minors from entering the premises.
(6)
No adult use shall be used for any purpose that violates any federal,
state or municipal law.
(7)
Pornographic and sexually explicit signs and displays shall be prohibited
that are visible from outside of the premises.
(8)
The adult use shall not include the sale or display of obscene materials,
as defined by Pennsylvania criminal law, as may be amended by applicable
court decisions.
(9)
An adult use shall be prohibited in all districts except where specifically allowed under § 285-30. An adult use is a distinct use and shall not be allowed under any other use, such as a retail store or club.
(10)
A minimum lot area of one acre is required.
(11)
For public health reasons, private or semiprivate viewing booths
of any kind are prohibited. This specifically includes, but is not
limited to, booths for viewing adult movies or nude dancers.
(12)
No use may include live actual or simulated sex acts, nor any
physical or sexual contact between employees and entertainers, nor
between employees or entertainers and customers. At an adult live
entertainment use, employees, dancers or entertainers shall maintain
a minimum distance of two feet from customers. This shall include,
but not be limited to, a prohibition on lap dancing.
(13)
Only lawful massages, as defined by state court decisions, shall
be performed in a massage parlor.
(14)
All persons within any adult use shall wear nontransparent garments
that cover their genitals and the female areola, except within a permitted
lawful adult live entertainment facility.
(15)
Any application for such use shall state the names and home
addresses of an on-site manager responsible to ensure compliance with
this chapter on a daily basis. A telephone number shall be provided
where the on-site manager can be reached during Borough business hours.
Such information shall be updated whenever it changes in writing to
the Zoning Officer.
(16)
The use shall not operate between the hours of 12:00 midnight
and 7:00 a.m.
(17)
As specific conditions of approval under this chapter, the applicant
shall prove compliance, where applicable, with the following state
laws, as amended: the Pennsylvania Liquor Code, Act 219 of 1990 (which
pertains to sale or consumption of alcohol between 2:00 a.m. and 8:00
a.m.),[1] Act 207 of 1990 (which pertains to obscenity)[2] and Act 120 of 1996 (which pertains to adult-oriented
establishments and which limits enclosed viewing booths, among other
matters).[3]
(18)
An adult use shall not be on the same lot as a use that sells
alcoholic beverages.
C.
After-hours club. This use is effectively prohibited by State Act
219 of 1990, as amended (Section 7327 of Title 18 of the Pennsylvania
Statutes). In the event that the use would be determined to be allowed,
a two-hundred-foot setback shall apply from the building and any parking
areas from any residential zoning district. The applicant shall prove
that adequate on-site security will be in place.
D.
Airport. (See also Subsection W, Heliport.)
(1)
As part of a conditional use approval for the establishment or expansion
of an airport, the applicant shall describe the maximum sizes and
types of aircraft that are intended to use the facility, as well as
the primary approaches.
(2)
Provided that the conditions do not conflict with federal and state
safety standards, the Borough Council may place reasonable conditions
upon the use to minimize noise conflicts to adjacent residential areas.
G.
Assisted living facility/personal care center. The standards for
nursing homes in this section shall apply.
H.
Auto, boat or mobile/manufactured home sales.
I.
Auto repair garage.
(1)
All paint work shall be performed within a building, with a fume
collection and ventilation system that directs fumes away from any
adjacent dwellings. Outdoor major repairs (such as body work and grinding)
and outdoor welding shall not occur within 100 feet of a residential
lot line.
(3)
Outdoor storage of motor vehicles shall not be within any required
buffer yard or street right-of-way.
(4)
Overnight outdoor storage of junk other than permitted vehicles shall
be prohibited within view of a public street or a dwelling.
(5)
Any junk vehicle (as defined by Article III) shall not be stored for more than 60 days within view of a public street or a dwelling, unless it is actively under repair. A maximum of 10 junk vehicles may be parked on a lot outside of an enclosed building at any one time, unless they are actively under repair.
(6)
Service bay doors shall not face directly towards an abutting dwelling
(not including a dwelling separated from the garage by a street) if
another reasonable alternative exits.
J.
Auto service station.
(1)
See definition of this term and "auto repair garage" in Article III. The uses may be combined if the requirements for each are met.
(2)
All activities, except those to be performed at the fuel or air pumps,
shall be performed within a building. The use shall not include spray
painting.
(3)
Fuel pumps shall be at least 25 feet from the existing street right-of-way
and shall meet side yard principal building setback requirements.
(4)
The regulations for auto repair garages in the above subsection shall
also apply to an auto service station.
(5)
The use may include a convenience store if the requirements for such
use are also met.
(6)
A canopy shall be permitted over the gasoline pumps, with a minimum
front yard setback of 20 feet from each street right-of-way line.
(a)
Such canopy may be attached to the principal building. The canopy
shall not include any signs, except for the following:
(b)
Within the minimum front yard building setback, the distance
between the ground level and the bottom of the canopy shall not be
greater than 20 feet. Parts of a sloped canopy may have a taller height
if the purpose of the taller height is to deflect soot and glare away
from the street or neighboring properties.
(7)
Fuel dispensers shall be set back a minimum of 30 feet from the existing
street right-of-way line and from any lot line of a lot occupied by
a residential use.
K.
Bed-and-breakfast inn.
(1)
Within a residential district (if permitted under Article IV), a maximum of five rental units shall be provided, and no more than three adults may occupy one rental unit. No maximums shall apply within other permitted districts.
(2)
One off-street parking space shall be provided for each rental unit.
The off-street parking spaces for the bed-and-breakfast inn shall
be located either to the rear of the principal building or screened
from the street and abutting dwellings by landscaping.
(3)
There shall not be any signs, show windows or any type of display
or advertising visible from outside the premises, except for a single
sign with a maximum sign area of six square feet on each of two sides
and with a maximum height of eight feet. Such sign shall only be illuminated
externally and shall use incandescent light or light of similar effect.
(4)
The use shall have a residential or agricultural appearance and character.
(5)
The use shall be operated and/or managed by permanent residents of
the lot.
(6)
There shall not be separate cooking facilities in any guest room.
Food shall only be served to guests who are staying overnight, unless
a restaurant is also permitted.
L.
Boardinghouse (includes rooming house).
(1)
Minimum lot area: 20,000 square feet.
(2)
Minimum side yard building setback: 15 feet each side.
(3)
Minimum lot width: 100 feet.
(4)
Maximum density: six bedrooms per acre, but in no case shall the
lot serve a total of more than 20 persons.
(5)
Each bedroom shall be limited to two adults each.
(6)
A buffer yard with screening meeting § 285-63 shall be provided between any boardinghouse building and any abutting dwelling.
(7)
NOTE. There are separate standards for an assisted living facility,
which is not considered a boardinghouse.
(8)
Signs: shall be limited to two wall signs with a maximum of two square
feet each.
(9)
Rooms shall be rented for a minimum period of five consecutive days.
M.
Campground, camp or recreational vehicle campground.
(1)
Retail sales shall be allowed as an accessory use. Within a residential
district, any store shall be limited to sales of recreational, household,
food, gift and camping items. Within a residential district, any store
shall be primarily intended to serve persons camping on the site.
(2)
All campsites, recreational vehicle sites, and principal commercial
buildings shall be set back a minimum of 50 feet from any contiguous
lot line of an existing dwelling that is not part of the campground
or camp. Within this buffer, the applicant shall prove, to the maximum
extent feasible, that any existing healthy trees will be maintained
and preserved. Where healthy mature trees do not exist within this
buffer, and if practical considering soil and topographic conditions,
new trees shall be planted within this buffer.
(a)
The screening of evergreens provided in § 285-63 between business and residential uses is not required if the tree buffer would essentially serve the same purpose or if removal of mature trees would be needed to plant the shrubs.
(b)
Removal of trees within this buffer shall be allowed for necessary
approximately perpendicular street, stormwater channel, driveway and
utility crossings and to provide safe sight distance.
(3)
Buildings used for sleeping quarters shall not be within the one-hundred-year
floodplain.
(4)
Maximum impervious coverage. Within a residential district: 30%,
which shall include the typical lot area covered by recreational vehicles
at full capacity.
(5)
No person other than a bona fide resident manager/caretaker shall
reside on the site for more than six months in any calendar year.
No recreational vehicle shall be occupied on the site for more than
six months in any calendar year by any one individual or one family,
other than a resident manager/caretaker.
(6)
Minimum lot area: two acres.
N.
Car wash.
(1)
Traffic flow and ingress/egress shall not cause traffic hazards on
adjacent streets. On-lot traffic circulation channels and parking
areas shall be clearly marked.
(2)
Adequate provisions shall be made for the proper and convenient disposal
of refuse. The applicant shall provide evidence that adequate measures
will be in place to prevent pollutants from being washed into the
groundwater or waterways. Any chemicals or polluted runoff that may
be hazardous to aquatic life shall be stored within an area that will
completely contain any leaks, spills or polluted runoff.
(3)
Water from the car wash operation shall not flow onto sidewalks or
streets in such a manner as could cause ice hazards.
(4)
Any car wash that is located within 250 feet of an existing dwelling
shall not operate between the hours of 10:00 p.m. and 7:00 a.m.
(5)
Wash water shall be properly collected and shall not flow into a
waterway.
O.
Cemetery.
(1)
Minimum lot area: two acres, which may be on the same lot as an allowed
place of worship.
(2)
A crematorium, where allowed by Article IV, shall be set back a minimum of 250 feet from all lot lines of existing dwellings and all undeveloped residentially zoned lots.
(3)
All structures and graves shall be set back a minimum of: 20 feet
from the right-of-way of any public street, 10 feet from the cartway
of an internal driveway, and 20 feet from any other lot line. Any
buildings with a height greater than 20 feet shall be set back a minimum
of 50 feet from all lot lines.
(4)
No grave sites and no buildings shall be located within the one-hundred-year
floodplain.
(5)
The applicant shall prove, to the satisfaction of the Zoning Officer,
based upon review by the Borough Solicitor, that the use will include
an appropriate financial system to guarantee perpetual maintenance.
P.
Commercial communications antennae/tower as principal or accessory
use.
(1)
An accessory commercial communications antenna shall be permitted
by right in any district if it meets the following requirements:
(a)
In a district other than a commercial or industrial district,
the antenna shall extend a maximum of 20 feet beyond the existing
structure to which it is attached. The antenna shall be attached to
one of the following existing lawful structures:
(b)
In a commercial or industrial district, the antennae shall extend
a maximum of 40 feet beyond an existing building or structure (other
than a dwelling), provided the antenna be set back a distance equal
to its total height above the ground from any lot line of a dwelling
on another lot.
(2)
Any commercial communications antenna/tower that does not meet Subsection P(1) above (such as a new freestanding tower) shall only be allowed where specifically authorized in § 285-30, and in compliance with the following additional regulations:
(a)
Such antenna/tower shall be set back from all lot lines and
street rights-of-way a distance that is greater than the total height
of the antenna/tower above the surrounding ground level. The Board
or Council, as applicable, may permit an easement arrangement to be
used without meeting the setback requirement from the edge of the
leased area, provided that there are legal safeguards to ensure that
the setback will continue to be met over time from a lot line.
(b)
A new tower, other than a tower on a lot of an emergency services
station, shall be set back the following minimum distance from any
existing dwelling: 300 feet, plus the total height of the tower above
the surrounding ground level.
(c)
A tower attached to the ground shall be surrounded by a security
fence/gate with a minimum height of eight feet and evergreen plantings
or preserved vegetation with an initial minimum height of four feet.
(e)
The applicant shall describe, in writing, the policies that
will be used to offer space on a tower to other communications providers,
which shall serve to minimize the total number of towers necessary
in the region. This policy shall be designed to minimize the total
number of towers necessary in the Borough.
(f)
An applicant for a new commercial communications tower shall
provide evidence to the Board or Council, as applicable, that they
have investigated co-locating their facilities on an existing tower
and other tall structures and have found such alternative to be unworkable.
The reasons shall be provided.
(g)
A maximum total height of 200 feet above the ground shall apply
in a commercial and industrial district and 150 feet in any other
district where it may be allowed, unless the applicant proves to the
Zoning Hearing Board or Council, as applicable, that a taller height
is absolutely necessary and unavoidable.
(h)
The application shall describe any proposed lighting. The Board
or Council, as applicable, may require lighting of an antenna even
if it will not be required by the Federal Aviation Administration.
Such lighting is intended to provide protection for emergency medical
helicopters. Strobe lighting shall not be used, but flashing lights
may be used.
(i)
A new tower shall be designed in a manner that minimizes its
visual intrusiveness and environmental impacts to the maximum extent
feasible. For example, monopole designs or designs worked into a flagpole
are preferred over lattice designs.
(3)
Purposes. These provisions for commercial communications antenna/towers
are primarily designed to serve the following purposes, in addition
to the overall objectives of this chapter:
(a)
To protect property values.
(b)
To minimize the visual impact of antenna/towers, particularly
considering the importance of the scenic beauty of the area in attracting
visitors for outdoor recreation.
(c)
To minimize the number and heights of towers in a manner that
still provides for adequate telecommunications services and competition.
(4)
A tower/antenna that is intended to primarily serve emergency communications
by a Borough-recognized police, fire or ambulance organization, and
is on the same lot as an emergency services station, shall be permitted
by right. Such tower/antenna may also serve commercial purposes.
(5)
Any antenna and tower that is no longer in active use shall be completely
removed within six months after the discontinuance of use. The operator
shall notify the Zoning Officer, in writing, after the antenna or
tower use is no longer in active use. Any lease shall require such
removal by the owner of the antenna/tower. Any lease should provide
that the lease shall expire once the antenna/tower is removed.
(6)
Accessory utility buildings or cabinets shall have a maximum height
of 10 feet and meet principal building setbacks.
Q.
Conversion of an existing building (including an existing dwelling)
into dwelling units.
(1)
See Article IV, which regulates where conversions are permitted. Applicable state firesafety requirements shall be met.
(2)
The following regulations shall apply to the conversion of an existing
one-family dwelling into a greater number of dwelling units:
(a)
The building shall maintain the appearance of a one-family dwelling
with a single front entrance. Additional entrances may be placed on
the side or rear of the structure. The dwelling units may internally
share the single front entrance.
(b)
The conversion shall not be permitted if it would require the
development of an exterior stairway on the front of the building or
would require the placement of more than two off-street parking spaces
in the required front yard.
(3)
A previously residential building shall maintain a clearly residential
appearance, except as may be necessary for restoration of an historic
building.
(4)
A maximum total of four dwelling units may be developed per lot unless
a more restrictive provision is established by another section of
this chapter, unless the building included more than 3,000 square
feet of building floor area at the time of adoption of this chapter.
R.
Day-care center, child.
(2)
The use shall comply with any applicable state and federal regulations,
including having an appropriate Pennsylvania Department of Public
Welfare (or its successor agency) registration certificate or license.
(3)
Convenient parking spaces within the requirements of Article VII shall be provided for persons delivering and waiting for children.
(4)
The use shall include secure fencing around outdoor play areas.
(5)
This use shall not be conducted in a dwelling that is physically
attached to another dwelling that does not have a common owner.
(6)
A day-care use may occur in a building that also includes permitted
or nonconforming dwelling units.
(7)
See also the standards for a place of worship in this section, which
allows a day-care center as an accessory use.
S.
Emergency services station. The following uses shall be allowed as accessory uses to the principal use of a fire company station: a banquet hall, bingo games, and periodic special events. Any new or expanded building area used for a banquet hall shall be set back a minimum of 20 feet from the lot line of an existing dwelling and be separated from such residential lot line by a buffer yard meeting § 285-63.
T.
Forestry.
(1)
A soil and erosion conservation plan shall be prepared and submitted
if the timber harvesting involves more than 1/2 acre.
(2)
A maximum of 50% of the total tree canopy cover shall be removed
from areas within 50 feet from the edge of a perennial creek.
(3)
Clear-cutting shall not be allowed on contiguous areas of more than
two acres.
(4)
If forestry involves more than 10 acres, then an erosion and sedimentation
control plan shall be submitted and carried out.
U.
Golf course. A golf course may include a restaurant or clubhouse,
provided that such building is located a minimum of 150 feet away
from any lot line of an existing dwelling. The maximum impervious
area covered by man-made surfaces shall not exceed 5% of the total
lot area of the golf course.
V.
Group homes. Group homes are permitted within a lawful dwelling unit,
provided the following additional requirements are met:
(2)
A group home shall not include any use meeting the definition of
a "treatment center."
(3)
A group home shall include the housing of a maximum of four unrelated
persons by right and up to six unrelated persons by special exception,
except:
(4)
The facility shall have adequate trained staff supervision for the
number and type of residents. If the staffing of the facility has
been approved by a state or county human service agency, then this
requirement shall have been deemed to be met.
(5)
The applicant shall provide evidence of any applicable federal, state
or county licensing or certification to the Zoning Officer.
(6)
The group home shall register, in writing, its location, general
type of treatment/care, maximum number of residents and sponsoring
agency with the Zoning Officer.
(7)
Any medical or counseling services shall be limited to a maximum
of three nonresidents per day. Any staff meetings shall be limited
to a maximum of four persons at one time.
(8)
If a group home is in a residential district, an appearance shall
be maintained that is closely similar to nearby dwellings, and no
sign shall identify the use.
(9)
The persons living on site shall function as a common household unit.
(10)
The applicant shall notify the local ambulance and fire services
of the presence of the group home and the type of residents.
(11)
An off-street parking space shall be provided for the largest
vehicle that serves the use.
(12)
The building shall have lighted exit lights, emergency lighting
and interconnected smoke alarms.
W.
Heliport.
(1)
The applicant shall prove that the heliport has been located and
designed to minimize noise nuisances to other properties.
(2)
Borough Council may place conditions on the size of helicopters,
frequency of use, fueling facilities, setbacks and nonemergency hours
of operation to minimize nuisances and hazards to other properties.
Provided that the conditions do not conflict with safety or federal
or state regulations, the Borough Council may require that the majority
of flights approach from certain directions, and not from other directions
that are more likely to create nuisances for residential areas.
(3)
Helicopter landings and takeoffs for emergency medical purposes are
not regulated by this chapter.
Y.
Junkyard (includes automobile salvage yard).
(1)
Storage of garbage or biodegradable material is prohibited, other
than what is customarily generated on site and routinely awaiting
pickup.
(2)
Outdoor storage of junk shall be at least 100 feet from any residential
lot line and 50 feet from any other lot line and the existing right-of-way
of any public street.
(3)
The site shall contain a minimum of two exterior points of access,
each of which is not less than 20 feet in width. One of these accesses
may be limited to emergency vehicles. Cleared driveways with a minimum
width of 15 feet shall be provided throughout the entire use to allow
access by emergency vehicles. Adequate off-street parking areas shall
be provided for customers.
(4)
Outdoor storage shall be completely enclosed (except at approved driveway entrances) by a forty-foot-wide buffer yard which complies with § 285-63, unless such storage is not visible from an exterior lot line or street. The initial height of the evergreen planting shall be six feet. Secure fencing with a minimum height of eight feet shall be provided and well maintained around all outdoor storage areas. Such fencing shall be provided inside of the evergreen screening.
(5)
Burning or incineration is prohibited.
(7)
All gasoline, antifreeze and oil shall be drained from all vehicles
and properly disposed of. All batteries shall be removed from vehicles
and properly stored in a suitable area on an impervious and properly
drained surface.
(8)
Lot area: five acres minimum; 20 acres maximum.
(10)
Any storage of junk shall be maintained a minimum distance of
100 feet from the center line of any waterway and shall be kept out
of a drainage swale.
Z.
Kennel.
(1)
All structures in which animals are housed (other than buildings
that are completely soundproofed and air conditioned) and all runs
outside of buildings shall be located at least 150 feet from all residential
lot lines. This one-hundred-fifty-foot setback shall be increased
to 200 feet if more than 20 dogs are kept overnight on the lot and
be increased to 250 feet if more than 50 dogs are kept overnight on
the lot.
(2)
Buildings shall be adequately soundproofed so that sounds generated
within the buildings cannot routinely be heard within any principal
building on another lot.
(3)
The applicant shall describe how outdoor runs will or will not be
used during late night hours.
(4)
See state law regulating kennels.
(5)
Minimum lot area: five acres, unless a larger lot area is required
by another section of this chapter.
AA.
Livestock and poultry, raising of.
(1)
Minimum lot area: five acres.
(2)
As part of an intensive raising of livestock or poultry use,
any building or concentrated feeding areas for the keeping of livestock
or poultry shall be located a minimum of 300 feet from a lot in a
residential district, 200 feet from an existing dwelling that is not
within a residential district, and 50 feet from all other exterior
lot lines. As a conditional use, the Borough Council may approve a
smaller setback for the expansion of facilities that existed prior
to the adoption of this section where the applicant proves that there
is no reasonable and feasible alternative and where the applicant
proves that the lesser distance would not be detrimental to public
health or safety or create significant hazards or nuisances.
(3)
The setbacks from property lines provided in this section for
this use shall not apply from dwellings or lots owned by the operator
or owner of the livestock use, affected property owners providing
a written notarized letter waiving such setback, or a building housing
hogs that is above a manure holding facility.
(4)
Fencing shall be used as necessary and practical to prevent
livestock from entering streets or unauthorized property.
(6)
Buildings used for the keeping of livestock or poultry shall
not be located within 100 feet of a perennial stream, river, spring,
lake, pond or reservoir.
(7)
For manure storage facilities that are specifically required
to have a setback from lot lines under the State Nutrient Management
regulations, that state setback shall apply. For any other manure
storage facilities, a one-hundred-foot minimum setback shall apply
from all lot lines.
(8)
The applicant shall provide a soil and erosion control plan
to the County Conservation District for review and pay its review
fees.
(9)
The applicant shall describe, in writing or on site plans, methods
that will be used to address water pollution and insect and odor nuisances.
DD.
Mineral extraction.
(1)
The following additional requirements shall be met:
(a)
A detailed land reclamation and reuse plan of the area to be
excavated shall be submitted with the zoning application for any new
or expanded mineral extraction use.
(b)
After areas are used for mineral extraction, those areas shall
be reclaimed in phases to a nonhazardous and environmentally sound
state permitting some productive or beneficial future use.
(c)
A fifty-foot-wide yard covered by natural vegetative ground
cover (except at approved driveway crossings) shall be required along
all exterior lot lines that are within 200 feet of an area of excavation.
Borough Council may require this yard to include an earth berm with
a minimum average height of six feet and an average of one shade tree
for each 40 feet of distance along the lot lines. Such shade trees
shall be planted outside of any berm and any fence. New trees shall
not be required where preserved trees will serve the same purpose.
(d)
The following minimum setbacks shall apply for the excavated
area of a mineral extraction use from property that is not owned by
the owner or operator of the mineral extraction use:
(e)
The excavated area of a mineral extraction use shall be set
back 150 feet from the average waterline of a perennial stream or
the edge of a natural wetland of more than two acres.
(f)
Fencing. Borough Council may require secure fencing in locations
where needed to protect public safety. As an alternative, Borough
Council may approve the use of thorny vegetation to discourage public
access. Also, warning signs shall be placed around the outer edge
of the use.
(g)
Hours of operation. Borough Council, as a condition of conditional
use approval, may reasonably limit the hours of operation of the use
and of related trucking and blasting operations to protect the character
of adjacent residential areas.
(h)
The activities and residual effects shall not create conditions
that are significantly hazardous to the health and safety of neighboring
residents.
EE.
Mobile/manufactured homes (installed on an individual lot or within
a mobile/manufactured home park approved after the adoption of this
chapter).
(1)
Construction. Any mobile/manufactured home placed on any lot
after the adoption of this chapter shall be constructed in accordance
with the 1976 or later Safety and Construction Standards of the United
States Department of Housing and Urban Development. (NOTE: These federal
standards supersede local construction codes for the actual construction
of the home itself.)
(2)
Each site shall be graded to provide a stable and well-drained
area.
(3)
Each home shall have hitch and tires removed.
(4)
Anchoring. A mobile/manufactured home on an individual lot or
mobile/manufactured home park shall include a system that properly
secures the home to the ground to prevent shifting, overturning or
uneven settling of the home. The requirements of the Construction
Codes[7] shall apply, in addition to the manufacturer's specifications
for installation.
(5)
Foundation treatment. The space between the bottom of the home
and the ground and/or home pad shall be enclosed using a durable fire-resistant
material. This enclosure shall have the appearance of a foundation
of a site-built home, such as material with a concrete-type or stucco
facing, except that metal skirting shall be allowed for a dwelling
within a manufactured/mobile home park. Provisions shall be provided
for access to utility connections under the home.
(6)
The front door of the dwelling shall face onto a street.
FF.
Mobile/manufactured home park.
(1)
Plans shall be submitted and reviewed by the Borough for all mobile/manufactured home parks in compliance with the mobile/manufactured home park provisions of Chapter 250, Subdivision and Land Development, of the Code of the Borough of Riverside and all other provisions of such chapter that apply to a land development, including the submission, approval and improvements provisions (other than specific provisions altered by this section).
(2)
The minimum tract area shall be two acres, which shall be under
single ownership.
(3)
Density. The maximum average density of the tract shall be four
dwelling units per acre.
(a)
To calculate this density, land in common open space or proposed
streets within the park may be included, but land within the one-hundred-year
floodplain, wetlands and slopes over 25% shall not be included.
(4)
Landscaped perimeter. Each mobile/manufactured home park shall
include a thirty-foot-wide landscaped area, including substantial
attractive evergreen and deciduous trees around the perimeter of the
site, except where such landscaping would obstruct safe sight distances
for traffic. A planting plan for such area shall be approved by Borough
Council. The same area of land may count towards both the landscaped
area and the building setback requirements.
(5)
A dwelling, including any attached accessory building, shall
be set back a minimum of 25 feet from another dwelling within the
mobile home park, except that unenclosed porches, awnings and decks
may be 15 feet from the walls of another dwelling.
(6)
The minimum separation between homes and edge of interior street
cartway or parking court cartway shall be 25 feet.
(7)
The minimum principal and accessory building setbacks from exterior/boundary
lot lines and rights-of-way of preexisting public streets shall be
50 feet.
(8)
Each home shall comply with the requirements of Subsection EE, Mobile/manufactured homes, stated in the preceding subsection.
(9)
Accessory structures. A detached accessory structure or garage
shall be separated a minimum of 15 feet from any dwelling units which
the accessory structure is not accessory to.
(10)
Common open space for a mobile home park. A minimum of 15% of
the total lot area of the entire mobile home park shall be set aside
as common open space for the residents. The applicant shall prove
that these areas will be suitable for active or passive recreation.
(11)
Streets.
(a)
Access to individual mobile home spaces shall be from interior
parking courts, access drives or private streets and shall not be
from public streets exterior to the development.
(b)
Streets within the mobile home park that provide access to reach
20 or more dwellings shall have a minimum paved cartway of 24 feet,
and other local private streets or parking courts serving less than
20 homes shall have a minimum paved cartway of 20 feet.
(c)
Curbs and sidewalks are not required on the private streets,
but all private streets shall meet all other Borough cartway construction
standards.
II.
Picnic grove, commercial.
(1)
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 150 feet from an existing dwelling on another
lot. All parking areas shall be set back a minimum of 75 feet from
any residential lot line. The use shall not operate between the hours
of 11:00 p.m. and 7:00 a.m.
(3)
Minimum lot area: two acres.
JJ.
Place of worship.
(1)
Minimum lot area: one acre in a residential district, unless a larger lot area is required by the applicable zoning district. In any other district, a place of worship shall meet the minimum lot area provided in Article IV for that district.
(2)
A primary or secondary school may be approved on the same lot as a place of worship, provided the requirements for such uses are also met. See § 285-30. Other uses shall only be allowed if all of the requirements for such uses are also met, including being permitted in the applicable district.
(3)
A maximum of one dwelling unit may be accessory to a place of
worship on the same lot, to house employees of the place of worship
and/or an employee and his/her family.
(4)
A child or adult day-care center shall be allowed as an accessory
use.
KK.
Recreation, outdoor.
(1)
All buildings, pavilions and areas used for nighttime activities
shall be a minimum of 100 feet from an existing dwelling on another
lot.
(2)
This term shall not include publicly owned recreation, a golf
course, or a motor vehicle racetrack.
(3)
See provisions for a nonhousehold swimming pool in this section.
(5)
Where woods exist adjacent to an exterior lot line of the use adjacent to a residential lot line, such woods shall be preserved within at least 20 feet of such lot line, except for approved driveway, utility and trail crossings. Where such woods will not exist, a twenty-foot-wide buffer yard in accordance with § 285-63 shall be required.
LL.
Recycling collection center.
(1)
This use shall not be bound by the requirements of a solid waste
disposal facility.
(2)
All materials shall be kept in appropriate containers, with
appropriate sanitary measures and frequent enough emptying to prevent
the attraction of insects or rodents and to avoid fire hazards.
(3)
Adequate provision shall be made for movement of trucks, if
needed, and for off-street parking.
(4)
A twenty-foot-wide buffer yard with screening as described in § 285-63 shall be provided between this use and any abutting residential lot line.
(5)
This use may be a principal or accessory use, including being
an accessory use to a commercial use, college, an industrial use,
a public or private primary or secondary school, a place of worship
or a Borough-owned use, subject to the limitations of this section.
(6)
Materials to be collected shall be of the same character as
the following materials: paper, fabric, cardboard, plastic, metal,
aluminum and glass. No garbage shall be stored as part of the use,
except for that generated on site and that accidentally collected
with the recyclables. Only materials clearly being actively collected
for recycling may be stored on site.
(7)
The use shall only include the following operations: collection,
sorting, baling, loading, weighing, routine cleaning and closely similar
work. No burning or landfilling shall occur. No mechanical operations
shall routinely occur at the site other than operations such as baling
of cardboard.
(8)
The use shall not include the collection or processing of pieces
of metal that have a weight greater than 50 pounds, except within
an industrial district.
(9)
The use shall include the storage of a maximum of 50 tons of
materials on the site if the use is within a residential district
and within 500 feet of an existing dwelling.
MM.
Residential conversions. See Subsection Q, Conversion of an existing building into dwelling units, within this section.
OO.
School, public or private, primary or secondary.
(1)
Minimum lot area: two acres in a residential district. In any
other district, the use shall meet the standard minimum lot area requirement
for that district.
(2)
No children's play equipment, basketball courts or illuminated
recreation facilities shall be within 50 feet of a residential lot
line.
(3)
The use shall not include a dormitory unless specifically permitted
in the district.
PP.
Self-storage development.
(1)
All storage units shall be of fire-resistant construction.
(2)
Outdoor storage shall be limited to recreational vehicles, boats
and trailers. No junk vehicles shall be stored within view of a public
street or a dwelling.
(3)
Trash, radioactive or highly toxic substances, garbage, refuse,
explosives or flammable materials, hazardous substances, animal carcasses
or skins, or similar items shall not be stored.
(4)
Nothing shall be stored in interior traffic aisles, required
off-street parking areas, loading areas or accessways.
(5)
The use shall not include a commercial auto repair garage unless
that use is permitted in the district and the use meets those requirements.
(6)
Adequate lighting shall be provided for security, but it shall
be directed away or shielded from any adjacent residential uses.
(8)
Minimum separation between buildings: 20 feet. Maximum length
of any building: 300 feet.
QQ.
Solid waste transfer facility or solid-waste-to-energy facility or
solid waste landfill.
(1)
All solid waste storage, disposal, incineration or processing
shall be at least 200 feet from the following: public street right-of-way,
exterior lot line, one-hundred-year floodplain, edge of a surface
water body (including a water-filled quarry) or wetland of more than
1/2 acre in area.
(2)
All solid waste storage, disposal, incineration or processing
shall be a minimum of 500 feet from any residential district, perennial
creek, publicly owned park or any existing dwelling that the applicant
does not have an agreement to purchase.
(3)
The use shall be served by a minimum of two paved access roads,
each with a minimum cartway width of 24 feet. One of these roads may
be restricted to use by emergency vehicles.
(4)
No burning or incineration shall occur, except within an approved
waste-to-energy facility.
(5)
The operation and day-to-day maintenance of the solid waste
disposal area shall comply with all applicable state and federal regulations
as a condition of the continuance of any permit of the Borough. Violations
of this condition shall also be considered to be violations of this
chapter.
(6)
Open dumps and open burning of refuse are prohibited.
(7)
The applicant shall prove, to the satisfaction of the Zoning
Hearing Board, that the existing street network can handle the additional
truck traffic, especially without bringing extraordinary numbers of
trash-hauling trucks through or alongside existing residential or
residentially zoned areas and especially considering the width and
slopes of streets in the Borough.
(8)
The applicant shall prove, to the satisfaction of the Zoning
Hearing Board, that the use would not routinely create noxious odors
off of the tract.
(9)
A chain-link or other approved fence with a minimum height of
eight feet shall surround active solid waste disposal areas to prevent
the scattering of litter and to keep out children, unless the applicant
proves, to the satisfaction of the Zoning Hearing Board, that this
is unnecessary. The Board shall require that earth berms, evergreen
screening and/or shade trees, as needed, shall be used to prevent
waste operations from being visible from a public street or dwelling.
(10)
A minimum lot area of 15 acres shall be required for the first
250 tons per day of capacity to treat or dispose of waste, plus one
acre for each additional 100 tons per day of capacity. A solid waste
facility shall have a maximum total capacity of 500 tons per day.
(11)
Health hazards. Any facility shall be operated in such a manner
to prevent the attraction, harborage or breeding of insects, rodents
or vectors.
(12)
Attendant. An attendant shall be present during all periods
of operation or dumping.
(13)
Gates. Secure gates, fences, earth mounds and/or dense vegetation
shall prevent unauthorized access.
(14)
Emergency access. The operator of the use shall cooperate fully
with local emergency services. This should include allowing practice
exercises on the site and the provision of all information needed
by the emergency services to determine potential hazards. Adequate
means of emergency access shall be provided.
(17)
Litter. The operator shall regularly police the area of the
facility and surrounding streets to collect litter that may escape
from the facility or trucks.
(18)
Dangerous materials. No radioactive, hazardous, chemotherapeutic
or infectious materials may be stored, processed, disposed or incinerated.
Infectious materials are defined as medical wastes used or created
in the treatment of persons or animals with seriously contagious diseases.
(19)
The applicant shall provide sufficient information for the Borough
to determine that the requirements of this chapter will be met.
(20)
For a solid-waste-to-energy facility or solid waste transfer
facility, all loading and unloading of solid waste shall only occur
within an enclosed building and over an impervious surface which drains
to a holding tank that is then adequately treated. All solid waste
processing and storage shall occur within enclosed buildings or enclosed
containers.
RR.
Stable, nonhousehold (includes riding academies).
(2)
Minimum lot area: two acres for the first horse or similar animal,
plus one acre for each additional horse or similar animal.
(3)
Any horse barn, manure storage areas or stable shall be a minimum
of 100 feet from any lot line of an adjacent dwelling.
(4)
Manure shall be regularly collected and disposed of in a sanitary
manner that avoids nuisances to neighbors. Manure shall be stored
in a manner that prevents it from being carried off by runoff into
a creek. Manure shall not be stored within 100 feet of a perennial
waterway.
SS.
Swimming pool, nonhousehold.
(1)
The water surface shall be set back at least 50 feet from any
existing dwelling on another lot.
(2)
Minimum lot area: one acre.
(3)
Any water surface within 75 feet of an existing dwelling on another lot shall be separated from the dwelling by a buffer yard meeting § 285-63.
(4)
The water surface shall be surrounded by a secure, well-maintained
fence at least six feet in height.
(5)
Drainage. A proper method shall be provided for drainage of
the water from the pool that will not flood other property.
UU.
Townhouses and apartments.
(1)
Maximum number of townhouses in any attached grouping: eight.
(2)
Paved area setback. All off-street parking spaces, except spaces
on driveways immediately in front of a carport or garage entrance,
shall be set back a minimum of 10 feet from any dwelling.
(3)
Garages. It is strongly recommended that all townhouses be designed
so that garages and/or carports are not an overly prominent part of
the view from public streets. For this reason, parking courts, common
garage or carport structures or garages at the rear of dwellings are
encouraged instead of individual garages opening onto the front of
the building, especially for narrow townhouse units.
(4)
Mailboxes. Any mailboxes provided within the street right-of-way
should be clustered together in an orderly and attractive arrangement
or structure. Individual freestanding mailboxes of noncoordinated
types at the curbside are specifically discouraged.
(5)
Access. Vehicular access points onto all arterial and collector
streets shall be minimized to the lowest reasonable number. No townhouse
dwelling within a tract of five or more dwelling units shall have
its own driveway entering onto an arterial or collector street.
VV.
Treatment center.
(2)
The applicant shall provide a written description of all conditions
(such as criminal parolees, alcohol addiction) that will cause persons
to occupy the use during the life the permit. Any future additions
to this list shall require an additional special exception approval.
(3)
The applicant shall prove, to the satisfaction of the Borough
Council, that the use will involve adequate on-site supervision and
security measures to protect public safety. If any applicable county,
state, federal or professional association standards provide guidance
on the type of supervision that is needed, the proposed supervision
shall be compared to such standards.
(4)
The Borough Council may place conditions upon the use to protect
public safety, such as conditions on the types of residents and security
measures.
(5)
A methadone treatment center or a use involving housing of two
or more persons required to register their place of residence under
Megan's Law II shall be set back a minimum of 500 feet from each
of the following: a primary or secondary school, a public park or
playground, or a child day-care center.
WW.
Trucking company terminal.
(1)
As a condition of approval, the Borough Council may require
additional earth berming, setbacks, landscaping and lighting controls
as it determines to be necessary to provide compatibility with adjacent
dwellings. These measures shall be designed to minimum glare, noise,
soot, dust, air pollutants and other nuisances upon dwellings.
XX.
Veterinarian office (includes animal hospital).
(1)
Any structure in which animals are treated or housed shall be
a minimum of 30 feet from any lot line of an existing dwelling. Buildings
shall be adequately soundproofed so that sounds generated within the
buildings cannot routinely be perceived within any adjacent dwellings.
(2)
Animals undergoing treatment may be kept as an accessory use.
However, a commercial kennel shall only be allowed if a kennel is
permitted in that district and if the applicable requirements are
met.
YY.
Wind turbines, other than the one wind turbine per lot that is allowed as an accessory use by § 285-30.
(1)
The wind turbine shall be set back from the nearest principal
building on another lot a distance not less than two times the maximum
height to the top of the maximum height of the extended blade, unless
a written waiver is provided by the owner of such building. All wind
turbine setbacks shall be measured from the center of the base of
the turbine. This provision shall apply to buildings that existed
prior to the application for a zoning permit.
(2)
The audible sound from the wind turbine(s) shall not exceed
50 A-weighted decibels, as measured at the exterior of a occupied
principal building on another lot, unless a written waiver is provided
by the owner of such building.
(3)
The owner of the facility shall completely remove all aboveground
structures within 12 months after the wind turbine(s) are no longer
used to generate electricity.
(4)
Wind turbines shall not be climbable for at least the first
12 feet above the ground level.
(5)
All wind turbines shall be set back from the nearest public
street right-of-way a minimum distance equal to the maximum height
to the top of the maximum height of the extended blade.
(6)
All wind turbines shall be set back from the lot line a minimum
distance equal to the maximum height to the top of the maximum height
of the extended blade, unless a written waiver is provided by the
owner of such lot.
(7)
If guy wires are used, and they are not within a fence, they
shall be marked near their base with reflectors, reflective tape or
similar method.
(8)
The turbine shall include automatic devices to address high-speed
winds.
(9)
Accessory electrical facilities are allowed, such as a transformer,
provided that any building shall meet setbacks for a principal building.
(10)
The site plan shall show proposed driveways, turbines and areas
of woods proposed to be cleared.
(11)
Temporary towers designed to test possible locations for a wind
turbine shall be permitted by right, provided they are removed within
one year and meet the same setbacks as a wind turbine.
(12)
Decommissioning. A wind turbine shall be considered a discontinued
use after one year without energy production, unless a plan is developed
and submitted to the Zoning Officer outlining the steps and schedule
for returning the wind turbine to service. All wind turbines and aboveground
facilities shall be removed within 90 days of the discontinuation
of use.
A.
General. Accessory buildings, structures or uses that are clearly
customary and incidental to a permitted by right, special exception
or conditional use are permitted by right, except as is provided for
in this chapter. A business shall only be conducted as an accessory
to a dwelling if specifically permitted by this chapter.
B.
Accessory setbacks. The accessory setback requirements of the applicable
district shall apply to every accessory building, structure or use
unless a standard that is clearly meant to be more restrictive or
less restrictive is specifically stated in this article for a particular
accessory use. Accessory structure setback requirements shall not
apply to permitted surface parking lots, fences or permitted accessory
signs.
C.
Front yard setback. No accessory structure, use or building shall
be permitted in a required front yard in any district, unless specifically
permitted by this chapter.
D.
Special standards. Each accessory use shall comply with all of the
following standards listed for that use:
(2)
(Reserved)
(3)
Day care, child (as accessory to a dwelling).
(b)
The care of four or more children (other than children who are related to the primary caregiver) shall only be allowed where specifically permitted under § 285-30 in the applicable zoning district.
(c)
The dwelling shall retain a residential appearance, with no
change to the exterior of the dwelling to accommodate the use other
than cosmetic improvements.
(d)
The use shall be actively operated by a permanent resident of
the dwelling.
(e)
If seven or more children are cared for who are not related
to the primary caregiver, then a minimum of 400 square feet of exterior
play area shall be available, surrounded by a four-foot-high secure
fence.
(g)
The use shall comply with any applicable state and federal regulations,
including having an appropriate State Department of Public Welfare
(or its successor agency) registration certificate or license if required
by such agency.
(4)
Drive-through facilities.
(a)
The proposed traffic flow and ingress/egress shall not cause
traffic hazards on adjacent streets.
(b)
On-lot traffic circulation and parking areas shall be clearly
marked.
(c)
A drive-through use shall be designed with space for an adequate
number of waiting vehicles while avoiding conflicts with traffic onto,
around and off of the site. Any drive-through facilities shall be
designed to minimize conflicts with pedestrian traffic.
(5)
Fences and walls.
(a)
Fences and walls are permitted by right in all districts. Any
fence or wall shall be durably constructed and well maintained. Fences
that have deteriorated shall be replaced or removed. A fence shall
not be required to comply with minimum setbacks for accessory structures.
(c)
Fences.
[1]
Front yard. Any fence located in the required minimum front
yard of a lot in a residential district shall:
[a]
Be an open-type of fence (such as picket, wrought
iron, vinyl post, or split rail), with a minimum ratio of 1:1 of open
to structural areas; and
[b]
Not exceed four feet in height. A taller height
may be approved by the Zoning Officer if necessary to contain animals
or to address a specific hazard, such as an electric transformer.
[2]
On a corner lot, a fence or wall shall meet the same requirements
along both streets as would apply within a minimum front yard. However,
a fence that only extends behind the rear of a dwelling may have a
maximum height of 6.5 feet along one of the streets, other than the
street that is along the front of the dwelling.
[3]
Height. A fence located in a residential district in a location
other than a required front yard shall have a maximum height of 6.5
feet, except a maximum of height of 10 feet shall be allowed around
a tennis court (provided it is outside of the minimum front yard),
and a taller height may be allowed where the applicant proves to the
Zoning Officer that such taller height is necessary to protect public
safety around a specific hazard.
[4]
Setbacks. No fence shall be built within an existing street right-of-way. A fence may be constructed without a setback from a lot line, except that a fence shall be located on the inside of any buffer plantings required by § 285-63, and except that a five-foot minimum setback shall apply for a fence of a principal business that is more than six feet in height and that is adjacent to a principal dwelling.
[5]
Fence materials. Barbed wire shall not be used as part of fences
around dwellings in residential districts. Electrically charged fences
shall only be used to contain farm animals and shall be of such low
intensity that they will not permanently injure humans. No fence or
wall shall be constructed out of fabric, junk, junk vehicles, appliances,
drums or barrels.
(d)
Walls.
[1]
Engineered retaining walls necessary to hold back slopes are
exempted from setback regulations and the regulations of this section
and are permitted by right as needed in all districts. However, if
a retaining wall is over eight feet in height, it shall be set back
a minimum of 15 feet from a lot line of an existing dwelling.
[2]
Other than a retaining wall, no wall of greater than three feet shall be located in the required front yard in a residential district, except as a backing for a permitted sign as permitted in § 285-52.
[3]
A wall in a residential district outside of a required front
yard shall have a maximum height of three feet if it is within the
minimum accessory structure setback.
[4]
Walls that are attached to a building shall be regulated as
a part of that building.
(6)
(8)
Home occupations.
(a)
All home occupations shall meet the following requirements:
[1]
The use shall only be conducted by one or more permanent residents
of the dwelling, except it may also involve a maximum of one nonresident
employee.
[2]
The use shall be conducted indoors, in a principal and/or accessory
building. No outdoor storage or display related to the home occupation
shall be permitted. No changes shall occur to the exterior of a building
that would reduce its residential appearance as viewed from a street.
[3]
The use shall occupy an area that is not greater than 25% of
the total floor area of the principal dwelling unit. The use shall
clearly be secondary to the residential use.
[4]
For a major home occupation, the Zoning Hearing Board shall
require additional off-street parking if the Board determines it is
necessary for customer parking.
[5]
The use shall not routinely require delivery by tractor-trailer
trucks.
[6]
The regulations of Subsection D(12)(c), regarding parking of trucks, shall apply to a home occupation. No excavating equipment shall be parked overnight on a residential lot or an adjacent street as part of a home occupation.
[7]
No equipment or machinery shall be permitted that produces noise,
noxious odor, vibration, glare, or electrical or electronic interference
detectable on another property. The use shall not involve the storage
or use of hazardous, flammable or explosive substances, other than
types and amounts typically found on a residential property. The use
shall not involve the storage or use of toxic or highly hazardous
substances.
[8]
A home occupation shall not be conducted in a manner that is
perceptible to other residents between the hours of 9:00 p.m. and
7:30 a.m.
[9]
Any tutoring or instruction shall be limited to a maximum of
three students at a time.
[10]
A barbershop or beauty shop shall not include
any nonresident employees.
[11]
The main office of a medical doctor, chiropractor
or dentist shall not be permitted as a home occupation.
[12]
A home occupation may include a single, two-square-foot nonilluminated sign, as permitted in § 285-51.
[13]
The Zoning Hearing Board shall deny a major home
occupation application, or limit its intensity through conditions,
if the Board determines the use would be too intense for the proposed
location. In making such determination, the Board shall review the
likely amounts of traffic, the types of deliveries needed, the types
of operations involved and related nuisances, the amount of off-street
and on-street parking that is available, the density of the neighborhood,
whether the use would be adjacent to another dwelling, and setbacks
from other dwellings.
[14]
The use shall not involve manufacturing, other
than of custom crafts and sewing. The use shall not involve commercial
repair of motor vehicles.
[15]
The use may include sales using telephone, mail
order or electronic methods. On-site retail sales shall be prohibited,
except for sales of hair care products as accessory to a barbershop/beauty
shop.
[16]
If more than one home occupation is accessory
to a dwelling, the total aggregate impact of the home occupations
shall be considered in determining compliance with this chapter.
[17]
A zoning permit shall be required for a major
home occupation.
(b)
In addition to the requirements listed in Subsection D(8)(a) above, the following additional requirements shall apply to a minor home occupation:
[1]
The use shall not routinely involve routine daily visits to
the home occupation by customers.
[2]
The use shall only involve the following activities:
[a]
Work routinely conducted within an office;
[b]
Custom sewing and fabric and basket crafts;
[c]
Cooking and baking for off-site sales and use;
[d]
Creation of visual arts (such as painting or wood
carving);
[e]
Repairs to and assembly of computers and computer
peripherals; and
[f]
A construction tradesperson, provided that no nonresident
employees routinely operate from the lot.
[3]
A zoning permit shall not be required for a minor home occupation.
(9)
Outdoor storage and display, commercial or industrial (as a principal
or accessory use).
(a)
Location. Outdoor storage or display shall not occupy any part
of any of the following: the existing or future street right-of-way,
sidewalk or other area intended or designed for pedestrian use or
required parking area.
(b)
No such storage or display shall occur on areas with a slope
in excess of 25% or within the one-hundred-year floodplain.
(d)
Tire storage.
[1]
For tires not mounted on a motor vehicle, any outdoor storage
of more than five tires on a lot in a residential district or more
than 50 used tires in a nonresidential district shall only be permitted
as part of a Borough-approved junkyard or tire store.
[2]
Where allowed, any storage of used tires shall involve stacks
with a maximum height of 15 feet that cover a maximum of 400 square
feet. Each stack shall be separated from other stacks from all lot
lines by a minimum of 75 feet. If the same set of tires is stored
on a lot for more than six months, they shall be stored within a building
or trailer.
[3]
The operator of a lot involving tire storage shall prove that
the tires are stored in a manner that minimizes public health hazards
from the breeding of vectors in accumulated water and/or that the
site is regularly sprayed to minimize vectors.
(10)
Keeping of pets.
(a)
This is a permitted by right accessory use in all districts.
(b)
No use shall involve the keeping of animals or fowl in such
a manner or of such types of animals that it creates a serious nuisance
(including noise or odor), a health hazard or a public safety hazard.
The owner of the animals shall be responsible for collecting and properly
disposing of all fecal matter from pets. No dangerous animals shall
be kept outdoors in a residential district except within a secure,
completely enclosed cage or fenced area of sufficient height or on
a leash under full control of the owner.
(d)
No more than two pigeons, chickens, roosters, ducks, geese and/or
similar fowl shall be kept on a lot of less than 20,000 square feet.
If the total weight of such fowl exceeds 500 pounds, then the requirements
shall be met for raising of livestock or poultry.
(e)
Horses. Minimum lot area: two acres for the first horse or similar
animal, plus one acre of pasture for each horse or similar animal
in excess of one. Any horse barn, manure storage areas or stable shall
be a minimum of 75 feet from any residential lot line.
(f)
See the definition of "pets, keeping of" in § 285-24. Only those pets that are domesticated and are compatible with a residential character shall be permitted as keeping of pets. Examples of permitted pets include dogs, cats, rabbits, fish, gerbils and lizards.
[1]
The following animals shall not be allowed to be kept within
the Borough: bears, wolves, wolf-dog hybrids, venomous snakes that
could be toxic to humans, or constrictor snakes that could be dangerous
to humans. The keeping of any exotic wildlife shall also comply with
the Pennsylvania Game and Wildlife Code regulations.
(g)
The keeping of cows, sheep, goats, hogs and similarly sized
animals shall require a minimum lot area of three acres.
(11)
Recreational vehicle parking. See Subsection D(12), Residential accessory structure or use, in this section.
(12)
Residential accessory structure or use. (See definition in Article III.)
(a)
Accessory structures and uses (other than fences) shall not be located within the required accessory use setback as stated in § 285-31A, unless specifically exempted by this chapter. Accessory structures shall not be located within a front yard, nor within any yard required to be equal in width to a front yard along a street on a corner lot. See accessory setback regulations in § 285-31.
(c)
Parking of commercial trucks. The overnight outdoor parking
of commercial trucks or excavating equipment or the trailer from a
tractor-trailer combination on a principal residential lot in a residential
district is prohibited, except that the parking of a maximum of one
vehicle with a gross vehicle weight of up to 13,000 pounds shall be
allowed if such vehicle(s) is used by residents of the dwelling to
travel to and from work.
(d)
Repairs. Repairs of a truck with an aggregate gross vehicle
weight of over 13,000 pounds aggregate gross vehicle weight shall
not occur on a residential lot. Repairs of motor vehicles that are
not owned or leased by a resident of the lot or his/her relative shall
not occur on a residential lot.
(f)
Outdoor storage of junk covering more than 200 square feet of
land area in a residential district shall be prohibited.
(g)
Recreational vehicles and boats. A recreational vehicle or boat
with a length of 26 feet or greater shall not be parked in the front
yard of a dwelling in a residential district for more than three days
in any seven-day period. All such vehicles, boats or trailers shall
maintain a current registration and be maintained to prevent the collection
of debris or the leakage of vehicle fluids onto the ground.
(h)
A maximum of one motor vehicle or boat shall be displayed or
offered for sale on a lot in a residential district, except as may
be allowed otherwise as a nonconforming use.
(i)
A recreational vehicle shall not be used as a residence outside
of an approved campground for more than 14 days in any thirty-day
period.
(13)
Swimming pool, household (referred to hereafter as "pool").
(a)
See the requirements of the Construction Code regarding fencing
of pools.[2] In the event such Construction Code does not result in
a fence being required, then this chapter provision shall apply. Every
swimming pool containing 24 inches or more of water depth shall include
a fence, wall, aboveground pool walls or similar enclosure surrounding
the pool. Such enclosure shall extend not less than 4.5 feet above
the ground. All gates, latches and fences shall meet the Construction
Code requirements for enclosures around a pool.
(b)
A swimming pool shall not be located in a minimum front yard.
The water surface and any raised decking of a swimming pool shall
be set back a minimum of 10 feet from side and rear lot lines.
(14)
Unit for care of relative.
(b)
The accessory unit shall be occupied by a maximum of two persons,
who shall be relatives of the permanent residents of the principal
dwelling unit. At least one resident of the accessory unit shall need
such accommodations because of an illness, old age or disability.
(c)
The applicant shall prove to the Zoning Officer that the accessory
unit has been designed and constructed so that it can be easily reconverted
into part of the principal dwelling unit or is a modular cottage that
will be completely removed from the lot after the relative no longer
resides within the unit. Such accessory unit may be converted into
an additional bedroom(s), permitted home occupation area or similar
use. A lawful detached garage may be converted into a unit for care
of a relative and then be reconverted to a garage or permitted home
occupation area or otherwise function as part of the principal dwelling
unit.
(d)
The applicant shall establish a legally binding mechanism in
a form acceptable to the Borough that will prohibit the use of the
accessory unit as a separate dwelling unit after the relative no longer
resides within the unit. Such mechanism shall also be binding upon
future owners.
(e)
The owner of the property shall be required to annually renew
the permit for the use. Such renewal shall be conditioned upon the
owner proving that a relative of the occupants of the principal dwelling
unit continues to reside within the accessory unit.
(f)
Such accessory unit shall not decrease the one-family residential
appearance of a one-family dwelling, as viewed from exterior property
lines. The accessory unit shall be attached to the principal dwelling
unit, except a detached dwelling may be specifically approved by the
Zoning Hearing Board as a special exception. If a detached modular
dwelling is placed on the property, it shall be completely removed
within 90 days after the relative no longer lives within it. A detached
dwelling shall only be placed on the lot if it will meet principal
building setbacks and has a maximum building floor area of 900 square
feet.
(g)
Additional parking for the accessory unit is not required if
the applicant proves that the resident(s) of the accessory unit will
not routinely operate a vehicle.
(15)
Wind turbines (one per lot as accessory use).
(a)
All wind turbines shall be set back from the lot line a minimum
distance equal to the total maximum height to the top of the extended
blade, unless a written waiver is provided by the owner of such adjacent
lot. All wind turbine setbacks shall be measured from the center of
the base of the turbine.
(b)
The audible sound from the wind turbine shall not exceed 50
A-weighted decibels, as measured at the exterior of a occupied principal
building on another lot, unless a written waiver is provided by the
owner of such building.
(c)
The owner of the facility shall completely remove all aboveground
structures within 12 months after the windmill is no longer used to
generate electricity.
(d)
A wind turbine shall not be climbable for at least the first
12 feet above the ground level, unless it is surrounded by a fence
with a minimum height of six feet.
(e)
All wind turbines shall be set back from the nearest public
street right-of-way a minimum distance equal to the total maximum
height to the top of the extended blade.
(f)
If guy wires are used, and they are not within a fence, they
shall be marked near their base with reflectors, reflective tape or
similar method.
(g)
The turbine shall include automatic devices to address high-speed
winds, such as mechanical brakes and overspeed controls.
(h)
In a R-M, R-S, MHP or R-S1 District, the maximum total height above the ground level to the tip of the extended blade shall be 90 feet. In another district, the maximum height for a wind turbine approved under this section shall be 150 feet. See wind turbines in §§ 285-35 and 285-30 for taller turbines.
(i)
New electrical wiring to the wind turbine shall be placed underground,
to the maximum extent feasible.
(j)
Contiguous property owners may construct a wind turbine for
use in common, provided that the required setbacks are maintained
from the lot lines of nonparticipating landowners. A maximum of one
wind turbine that would be shared by certain dwelling units within
a development may also be placed in the common open space, if specifically
approved to be included, at the time of final subdivision approval.
